Santa Paula Ordinances

CHAPTER 91: ANIMALS

Section

91.01Dog licenses; exemption

91.02Permit to keep animals required; application

91.03Slaughtering of animals prohibited; exemption

91.04Dog defecation; removal

91.99Penalty

Statutory reference:

Animals generally, see Cal. Food & Agric. Code§§ 16301 et seq.

§ 91.01 DOG LICENSES; EXEMPTION.

1. Every person who owns, harbors or keeps any dog over the age of four months shall pay the city an annual dog license fee in an amount to be established by resolution of the City Council. ('81 Code,§ 6.05.010)
2. Any dog brought into the city which is duly licensed by the County of Ventura shall be exempt from being licensed in the city until said county license has expired. ('81 Code,§ 6.05.020)

(Ord. 774, passed - -82) Penalty, see§ 91.99

Statutory reference:

Dogs, see Cal. Gov't Code§ 38792 and Cal. Food & Agric. Code§§ 30501 et seq.

§ 91.02 PERMIT TO KEEP ANIMALS REQUIRED; APPLICATION.

1. It is unlawful for any person, as principal, agent, employee or otherwise, to keep or harbor within the city any pig, hog, cow, bull, sheep, goat or any cloven-hoofed animal whatsoever, without having first obtained a permit to do so. ('81 Code,§ 6.08.010)
   
2. Any person desiring to obtain a permit to keep or harbor any animal mentioned in division (A) of this section within the city shall make and file with the Health Officer a written application therefor stating the name of the applicant, the place where such animal shall be kept or harbored, the number of animals desired to be kept or harbored at such place and the term for which the permit is desired. ('81 Code,§ 6.08.020)

(Ord. 731, passed - -80) Penalty, see§ 91.99

§ 91.03 SLAUGHTERING OF ANIMALS PROHIBITED; EXEMPTION.

1. No person shall slaughter any animal within the city without a conditional use permit pursuant to§§ 156.840 through 156.859 of this code. Violations of this section shall constitute an infraction.
   
2. This section shall not apply to the slaughtering of poultry or rabbits.

('81 Code,§ 6.14.010) (Ord. 849, passed - -86) Penalty, see§ 91.99

§ 91.04 DOG DEFECATION; REMOVAL.

1. It is unlawful for the owner or person having custody of any dog to suffer, permit or allow such dog to defecate on any public or private property in the city without the consent of the owner or person in lawful possession of the property.
2. It is unlawful for the owner or person having custody of any dog that defecates on any public or private property in the city without consent of the owner or person in lawful possession of the property or on any public property in the city to fail to immediately remove the feces and dispose of the feces in a sanitary manner, by placing it in a closed or sealed container and thereafter fail to deposit the feces in a trash receptacle.
3. Every person who violates any provision of this section is guilty of an infraction, punishable by a fine of $50. The provisions of this section do not apply to a legally blind person who is accompanied by a guide dog which has been trained by a person licensed under Cal. Bus. & Prof. Code§§7200 et seq. and on-duty police dogs.

(Ord. 1120, passed 10-4-04)

§ 91.99 PENALTY.

Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in Chapter 13 of this code.

CHAPTER 13: GENERAL PENALTIES

Section

13.01 General prohibition

13.02 General penalty

13.03 Penalties for infractions

13.04 Code enforcement

13.05 Citation procedure for violations

13.06 Failure to appear

13.07 Prosecutorial duties of the City Attorney

§ 13.01 GENERAL PROHIBITION.

1. It is unlawful for any person to violate, or fail to comply with, any provision of the Santa Paula Municipal Code. Each and every violation of any part of this code including, without limitation, any franchise or permit issued pursuant to this code, is a misdemeanor unless otherwise specified.
2. Every person violating the code is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by the person.
3. In addition to these criminal penalties, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be abated in accordance with this code.

§ 13.02 GENERAL PENALTY.

Persons convicted of a misdemeanor, the penalty for which is not otherwise prescribed, will be punished by a fine not to exceed more than $1,000; by imprisonment for not more than six months; or by both a fine and imprisonment for each violation of this code.
(Ord. 1085, passed 12-1-03)

§ 13.03 PENALTIES FOR INFRACTIONS.

Each infraction is punishable as follows:

1. A fine not exceeding $100 for the first violation;
2. A fine not exceeding $200 for a second violation of the same provision within one year;
3. A fine not exceeding $500 for each additional violation of the same provision within one year of the first violation.

§ 13.04 CODE ENFORCEMENT.

1. Authorization. The Police Department, Fire Department, Utilities Division, Building Official, and other persons designated by the City Manager are authorized to enforce the various provisions of this code under their respective authority or as is specifically assigned to them by the City Manager or Council.
2. Powers of arrest. Officials and employees designated to enforce provision of this code have authority to arrest persons pursuant to Cal. Penal Code§ 836.5 for purposes of issuing citations for violations of provisions of this code. Police officers have full authority to arrest persons for violations of the provision of this code pursuant to any applicable provision of the Cal. Penal Code.

§ 13.05 CITATION PROCEDURE FOR VIOLATIONS.

1. Any city officer or employee arresting any person for a violation of any provision of this code, who does not immediately take such arrested person before a magistrate, as prescribed in the Cal. Penal Code of the state, must prepare in duplicate a written notice to appear in court.
2. The notice must contain:
   1. The name and address of the person arrested;
   2. The offense charged, the time and place of the alleged violation;
   3. Where and when such person must appear in court. The time specified in the notice for appearance must be at least ten days after the arrest. The place specified in the notice to appear and the notice must conform with all applicable provisions of the Cal. Penal Code.
   4. The arresting city officer or employee must deliver one copy of the notice to appear to the alleged violator. In order to secure immediate release, the violator must give a written promise to appear in court at the time and place indicated on the notice by signing the duplicate notice. That signed copy must be retained by the city officer or employee. Thereafter, the arresting city officer and employee must release the alleged violator from custody. The duplicate copy of the notice to appear must be filed in the manner prescribed in the Cal. Penal Code.
      

§ 13.06 FAILURE TO APPEAR.

Any person who willfully violates a written promise to appear in court by failing to appear at the time and place stated is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.
(Ord. 1085, passed 12-1-03)

§ 13.07 PROSECUTORIAL DUTIES OF THE CITY ATTORNEY.

1. In addition to any other general functions, powers, and duties given to the City Attorney by this code or California law, the City Attorney will:
   1. Prosecute on behalf of the people all criminal and civil cases for violations of this code; any franchises or permits issued pursuant to this code; city ordinances; and any state misdemeanors that the City Council elects to enforce.
   2. Draft complaints for cases and prosecute all recognizances and bail bonds forfeited arising from or resulting from the commission of the offenses.
   3. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the city under this code or otherwise.
   4. Represent the city in all appeals arising as a consequence of the City Attorney's prosecutions.
2. Notwithstanding any other provision of this code, the City Attorney is the only officer that may file misdemeanor charges in accordance with this code.
3. Nothing contained in this section will interfere with the authority of public safety officials to arrest persons pursuant to any applicable provision of this code and/or the Cal. Penal Code.